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RAVINDRA KUMAR AGRAWAL, RAMESH SINHA
Bandhuram Kanwar, S/o. Gendaram Kanwar – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station- Balconagar, Dist. - Korba – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dated 20.12.2021 passed by the learned Special Judge under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Korba in Sessions Trial No.27/2018, whereby the learned Sessions Judge has convicted and sentenced the appellants in the following manner with a direction to run all the sentences concurrently.
| CONVICTION | SENTENCE |
| U/s 460 of the IPC | RI for 5-5 years and fine of Rs.1000-1000/- and in default of payment of fine amount, additional RI for 1-1 month to each of the appellants. |
| U/s 323 of the IPC | RI for 6-6 months and fine of Rs.200-200/- and in default of payment of fine amount, additional RI for 7-7 days to each of the appellants. |
| U/s 325 of the IPC | RI for 2-2 years and fine of Rs.500-500/- and in default of payment of fine amount, additional RI for 15-15 days to each of the appellants. |
| U/s 302/34 of the IPC | Life Imprisonment and fine of Rs.2000-2000/- and in default of payment of fine amount, additional RI for 2-2 months to each of the appellants. |
The judgment emphasizes the importance of scrutinizing the evidence provided by interested witnesses, establishing motive, and the need for corroborative evidence in criminal cases.
The judgment establishes that the prosecution must prove its case beyond a reasonable doubt, particularly when relying on eyewitness testimony, which must be consistent and credible to support a conv....
The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
The main legal point established in the judgment is the requirement for the testimony of a sole eyewitness to be wholly reliable and corroborated by other evidence, failing which the accused may be e....
Interested witnesses, such as close relatives of the deceased, can provide credible testimony and their evidence should be carefully scrutinized but not automatically discarded. In cases of direct ev....
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
Witness testimonies cannot be discarded solely due to their relation to the victim; evidence must be considered on credibility and context, with mitigating factors influencing sentencing.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
The prosecution must prove guilt beyond reasonable doubt, and discrepancies in witness testimonies can lead to acquittal.
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